error. Fed.R.Crim.P. 52(b). The contention is based r upon a recent ision of the district court in United States fielder, No. 05.00125.01-Cr. (W.D.Mo. Aug. , 2005) (Judgment of Acquittal), a ruling that is ni pending on appeal in this court, United States fielder, appeal docketed. No. 05-3387 (